We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Appellate

  • November 13, 2018

    7th Circ. Says E-Filing Access Suit Belongs In State Court

    The Seventh Circuit on Tuesday reversed an Illinois federal judge's decision forcing a Cook County court clerk to make electronically filed complaints immediately available to reporters, finding that Courthouse News Service’s suit was inappropriate for federal courts to take on and should have been filed in state court.

  • November 13, 2018

    8th Circ. Backs Hospital In EEOC Religious Bias Appeal

    Workers denied religious accommodations can't automatically sue under a provision of federal law barring businesses from retaliating against workers who oppose discrimination, a split Eighth Circuit panel said Tuesday, declining to revive a U.S. Equal Employment Opportunity Commission suit.

  • November 13, 2018

    DC Circ. Asked To Nix Airlines' Suit Over Portland Airport Fees

    The Federal Aviation Administration asked the D.C. Circuit on Tuesday to reject a suit from an airlines trade group challenging Portland International Airport’s use of airport revenue to pay off city utilities, saying the disputed charges are allowed since they count as airport “operating costs.”

  • November 13, 2018

    CNN's Case Against Trump: Everything You Need To Know

    CNN has finally taken President Donald Trump to court after "years of hostility" toward the network. From the claims to the case law to the legal team, here's everything you need to know about the suit.

  • November 13, 2018

    Fed. Circ. Won't Restore Allergan's Restasis Patent Claims

    The Federal Circuit on Tuesday declined to restore invalidated patent claims for Allergan Inc.’s dry-eye drug Restasis, delivering a fresh boost to proposed generics of the blockbuster eye-drop medicine.

  • November 13, 2018

    Fed. Circ. Nixes IRS Worker's Suspension Over Underpaid Tax

    The Federal Circuit on Tuesday vacated an arbitrator’s decision to impose a 10-day suspension and a reduction in back pay on an Internal Revenue Service customer service employee who was dismissed from her job after underpaying taxes, saying the court could not discern what charges supported the decision.

  • November 13, 2018

    Ky. Court Won't Disturb Jury Award In Murder Plot Case

    A Kentucky appeals court has ruled that the wife of a slain former county sheriff can't modify a jury's $28,000 award in a suit accusing a former Harlan County deputy sheriff and a political rival of wrongful death, saying the evidence supported the jury's decision.

  • November 13, 2018

    Chevron Defeats Bid To Revive ERISA Suit At 9th Circ.

    The Ninth Circuit on Tuesday refused to revive a proposed Employee Retirement Income Security Act class action accusing Chevron Corp. and an investment committee of mismanaging workers’ retirement funds, holding that the plan participants leading the suit didn’t sufficiently support their allegations.

  • November 13, 2018

    FX Says There's 'Nothing Cert-Worthy' About De Havilland Suit

    FX Networks urged the U.S. Supreme Court on Tuesday to reject Olivia de Havilland's lawsuit over the way she was portrayed in the FX docudrama "Feud: Bette and Joan," saying there was "nothing cert-worthy about this case."

  • November 13, 2018

    Justices Turn Away LabMD's Appeal In Tiversa Fraud Row

    The U.S. Supreme Court on Tuesday turned down an appeal from LabMD Inc., which had taken issue with the Eleventh Circuit blocking the company from implicating a Pepper Hamilton LLP lawyer for fraud in an underlying cybersecurity case because he wasn’t listed on the docket.

  • November 13, 2018

    Telecom Transferee Owes $13M In Tax Interest, 9th Circ. Rules

    A man must pay over $13 million in interest after the Ninth Circuit agreed with the U.S. Tax Court on Tuesday that the interest was part of his overall tax debt to the Internal Revenue Service.

  • November 13, 2018

    Fed. Circ. Affirms Ax Of Darts-Refereeing Patent Under Alice

    The Federal Circuit on Tuesday ruled a patent covering a refereeing system for darts games was invalid under the U.S. Supreme Court’s Alice test, solidifying Arachnid 360 LLC’s victory in a patent suit brought by a rival electronic dartboard maker.

  • November 13, 2018

    9th Circ. Denies Right-To-Counsel Bid By Immigrant Minors

    The Ninth Circuit on Tuesday declined to reconsider a case brought by a class of thousands of unaccompanied immigrant children seeking lawyers and due process rights in deportation cases, leaving in place its earlier decision that the children can’t bypass immigration court and head straight to district court.

  • November 13, 2018

    Ex-Grubhub Driver Asks 9th Circ. To Undo Contractor Ruling

    A former Grubhub Inc. driver asked the Ninth Circuit on Friday to reverse a finding that he’s an independent contractor and not an employee, insisting the worker classification standard set by the California Supreme Court's Dynamex ruling upended it.

  • November 13, 2018

    Fed. Circ. Won't Revive Xactware Patent Challenges

    The Federal Circuit on Tuesday refused to revive Xactware Solutions Inc.’s challenges to two patents related to aerial rooftop measurement software, rejecting the company’s bid to nix two Pictometry International Corp. patents that it had been accused of infringing.

  • November 13, 2018

    Justices Won't Hear Chinese Co.'s $102M Piracy Award Case

    The U.S. Supreme Court on Tuesday declined to review whether the Fifth Circuit erred by affirming a lower court's awarding of a $102 million judgment to Swiss-based Nagravision SA after China-based Gotech allegedly sold set-top boxes that circumvented piracy protections.

  • November 13, 2018

    Justice Kennedy Warns Of 'Vulgar' Culture Embracing 'Trash'

    Justice Anthony Kennedy may have stepped down from the U.S. Supreme Court, but he is still issuing strong opinions. The retired jurist said over the weekend that "this culture is becoming vulgar" and that the First Amendment doesn't mean people should watch or read "trash." 

  • November 13, 2018

    High Court Won't Hear $17.3M Fee Dispute In Gas Royalty Row

    The Supreme Court declined Tuesday to take up a challenge to a Tenth Circuit panel's decision that said an incorrect method of calculating the $17.3 million attorneys' fees award for work on a $52 million settlement over gas well royalty payments meant the award should be set aside.

  • November 13, 2018

    FERC Using Outdated Rate For Pipeline Fees, DC Circ. Hears

    The Federal Energy Regulatory Commission used outmoded data to compute the initial shipping rates for three major gas pipelines in the works, opening the door to overcharges down the road, two state utility regulators told the D.C. Circuit on Tuesday.

  • November 13, 2018

    Inventor Asks Fed. Circ. To Rehear USPTO Rule Challenge

    Inventor Gilbert Hyatt has asked the Federal Circuit to reconsider its September decision upholding the U.S. Patent and Trademark Office's ability to reopen patent prosecution rather than hear an appeal, saying the ruling is at odds with long-standing precedent.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • Guest Feature

    The Many Lives Of Michael Chertoff

    Randy Maniloff

    Randy Maniloff begins his interview with the nation’s second secretary of homeland security by saying he wants to go over his resume. The look on Michael Chertoff's face: “Bring it on.”

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • An Expansion Of Employee ADEA Protections At High Court

    Daniel Pasternak

    The U.S. Supreme Court’s decision in Mount Lemmon Fire District v. Guido extends Age Discrimination in Employment Act protections to all political subdivisions of states, regardless of size, despite contrary interpretations by many circuits, say Daniel Pasternak and Melissa Legault of Squire Patton Boggs LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    An Opportunity To Slow The Rise Of Securities Class Actions

    Joshua Briones

    A major securities fraud case now before the U.S. Supreme Court — Lorenzo v. U.S. Securities and Exchange Commission — marks the first of many opportunities the court will have to roll back expansive interpretations of securities law and deter plaintiffs from filing low-quality complaints, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.